October 18th, 2019 Weekly Update
CJA Spring 2019 Seminar
We are holding our Spring CJA Seminar on April 12th, at the University of Illinois School of Law. Please register for the seminar here. You can download the agenda here. The course materials are available here.
Forms For Detained Clients' Access to Discovery
We are currently working with the Court and the United States Attorney's Office to have discovery computers placed in all of the county jails used by the Marshal's Service to house our detained clients. Currently, we have computers in the Peoria, Pike, and Tazewell County jails. The motion for client access to discovery, a proposed order, and the paerwork to be used to send the discovery to the jail are located here. If you have any questions please call Tom Patton at 309-671-7891 or email him at Thomas_Patton@fd.org. The site will be updated as we get computers into more jails.
Annual Recertification Required for Panel Attorneys in the Central District of Illinois
If you are on the panel in the Central District of Illinois, you should comply with the recertification process for remaining on the CJA Panel.
The Panel Selection Committee for the Central District of Illinois will conduct its annual review of the CJA Panel in the next few months. As part of that process, we ask that you complete the “Annual Certification” Form. It should only take a minute or two to complete. You can access the fillable, pdf form HERE.
You can submit the form to me in any of the following ways: (1) (preferred method) by emailing it to Thomas Patton at ILCCJARecertification@fd.org; (2) faxing it to our office at (309) 671-7898; or (3) mailing it to our office at 401 Main Street, Suite 1500, Peoria, Illinois 61602. Please note that if you email the form, you should fill the form out, PRINT to PDF, and then attach it to an email. If you only SAVE the completed form as PDF, instead of PRINT it to PDF, it may be blank when we receive it. If you submit the form by email, you may electronically sign the form by typing your name in the “Signature” field.
Recommendations for Handling Proposed Conditions of Supervised Release
As you may have noticed, our office has been successfully challenging various conditions of supervised release in the Seventh Circuit. We are currently meeting with Probation and the United States Attorney’s office to work on some common ground regarding conditions. When we complete that process, I will forward more information on to everyone through the weekly update.
In light of the recent case law, our office is recommending the following procedure for handling conditions of supervised release that are proposed in your clients’ presentence reports. We are treating proposed conditions of supervised release like we treat proposed guidelines calculations. In other words, the process at sentencing would look very much like it does now but would also include objections to conditions of supervised release in addition to objections to guidelines calculations:
First, Probation will propose which conditions of supervised release it believes are appropriate in the individual case and provide support for each condition relating directly to the defendant in question.
Second, if the defense attorney disagrees with any proposed condition, he or she will submit specific objections to the condition or conditions. This means defense counsel can challenge either the imposition of the condition itself or challenge the language of the condition as it applies to their client, or both.
Third, the government will come down on whichever side they support, or provide objections of their own.
Fourth, if an agreement cannot be reached prior to sentencing between all parties, the district court will hear argument on the conditions at sentencing and make a decision one way or the other. If we do not agree with the district court's conclusion, we will discuss with the client and determine if he or she wants to appeal the decision and file an appeal.
If you have any questions regarding proposed conditions, possible objections, or suggestions for alternative language, please email me at email@example.com.
Order on Continuing Representation for Rule 35(b) Proceedings
Chief Judge Shadid has entered an Administrative Order allowing for attorneys appointed under the CJA to continuing representing their clients in proceedings related to Rule 35(b). For more information, see the order HERE.
Notice from Magistrate Judge Hawley on Detention Hearings
Magistrate Judge Hawley has requested distribution of the attached order regarding detention pursuant to 18 U.S.C. section 3142(f)(1) and (f)(2). Please note the procedures outlined in this order will apply to all detention proceedings in Judge Hawley's courtroom from this date onward. Review the order HERE.
Letter for Judge Blake, Chair of the Defender Services Committee
Judge Blake has asked Defenders to share a letter with panel attorneys concerning ways to reduce the costs of experts. You can read the letter HERE.
For information on how to obtain assistance from the Office of Defender Services in cases with voluminous discovery, click HERE.